[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25773-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12433]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[LA-46-1-7384a; FRL-6009-1]
Approval and Promulgation of State Implementation Plans;
Louisiana: Site-Specific Revision for the Exxon Company Baton Rouge
Refinery
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: In this action, the EPA is approving a site-specific revision
to the Louisiana 15% Rate-of-Progress State Implementation Plan (SIP).
The revision extends the date of compliance for the installation of
particular Volatile Organic Liquid (VOL) storage tank controls for
storage tanks located at the Baton Rouge Refinery of Exxon Company,
U.S.A. Specifically, the revision extends the compliance date of the
requirement for the installation of guide pole sliding cover gaskets on
33 storage tanks until the earlier of the next scheduled downtime of
the subject tanks or December 2005.
In the proposed rules section of today's Federal Register (FR), the
EPA is proposing and seeking public comment on the same conditional and
final approvals of the Louisiana SIP that are discussed in this
document. If relevant adverse comments are received on these approvals,
the EPA will publish a timely withdrawal in the Federal Register
informing the public that the direct final rule did not take effect,
and addressing the relevant comments received in a subsequent final
rule, based on the related proposed rule. No additional opportunity for
public comment will be provided.
DATES: This action is effective on July 10, 1998 unless adverse or
critical comments are received by June 10, 1998. If adverse comment is
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register and inform the public that the rule did not
take effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below.
Copies of the documents relevant to this action are available for
public inspection during normal business hours at the following
locations. Interested persons wanting to examine these documents should
make an appointment with the appropriate office at least two working
days in advance.
[[Page 25774]]
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), Multimedia Planning and Permitting Division, Region 6, Dallas,
1445 Ross Avenue, Texas 75202-2733, telephone: (214) 665-7214
Air Quality Division, Louisiana Department of Environmental Quality
(LDEQ), 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810,
telephone: (504) 765-7247.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Mr. Eaton R. Weiler, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division,
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, telephone: (214) 665-2174.
SUPPLEMENTARY INFORMATION:
I. Background
A. VOL Storage Rule
In 61 FR 54737 (October 22, 1996) the EPA approved the Louisiana
15% Rate-of-Progress plan which describes how ozone nonattainment areas
classified as moderate and above will achieve an actual reduction in
emissions of volatile organic compounds during the first six years
after the enactment of the 1990 Clean Air Act amendments. See section
182(b). Included in this plan is the State rule for controlling
Volatile Organic Compound (VOC) emissions from VOL storage, Louisiana
Administrative Code (LAC) 33:III.2103. The calculated emissions
reductions from the implementation of this rule were credited towards
the Louisiana 15% Rate-of-Progress plan.
The compliance date for rule LAC 33:III.2103 was November 15, 1996.
The control requirements for external floating roof storage tanks of
this rule include the installation of guide pole sliding cover gaskets.
Relating to compliance date extensions, the rule states, ``Requests for
extension of the November 15, 1996, compliance date will be considered
on a case-by-case basis for situations which require the tank to be
removed from service to install the controls and must be approved by
the administrative authority.'' In this instance, the term
``administrative authority'' refers to both the Secretary or designee
of the LDEQ, and the Administrator or authorized representative of the
EPA.
B. Site Specific Request
In letters to the LDEQ dated November 13, 1996; May 14, 1997; and
July 3, 1997; the Baton Rouge Refinery of Exxon Company, U.S.A.
requested an extension of the compliance schedule of the requirement
for the installation of guide pole sliding cover gaskets on 33 external
floating roof tanks. These letters include a list of the tanks, the
date of the next maintenance downtime, and emissions estimates for the
tanks.
To accomplish the installation of the sliding cover gaskets, the
guide pole roller brackets must be temporarily removed to allow the
sliding cover to be elevated to insert the gasket. The roller brackets
on these 33 tanks are welded in place (versus bolted in place) and
require the use of cutting torches or other ``hotwork'' (spark
generating cutting or welding) for removal.
Prematurely shutting down and cleaning the subject tanks to install
the required sliding cover gaskets would result in considerable
additional VOC emissions from each tank beyond that expected for normal
maintenance and inspection. Where possible, the Refinery has complied
with all other floating roof storage tank rules to limit emissions of
VOC's.
Calculations provided by Exxon and reviewed and accepted by the
LDEQ and the EPA show installation of the sliding gaskets would result
in a reduction of VOC emissions by 12 tons per year. Premature shut
down and degassing needed to install the sliding gaskets would result
in additional VOC emissions of over 100 tons. Furthermore, the
installation of the sliding gaskets represents a minuscule portion of
the 2,500 tons per year of emission reductions from Exxon's tank
controls as approved in the 15% Rate-of-Progress plan.
Therefore, the delayed reductions will not significantly impact the
15% Rate-of-Progress plan for the Baton Rouge ozone nonattainment area.
The VOC emission impact of this extension is approximately 0.03 tons
per day and will diminish as tanks come out of service and are
retrofitted while reductions demonstrated in the 15% Rate-of-Progress
plan exceed the required reductions by 1.4 tons per day; therefore, the
plan will still demonstrate the required reductions.
In letters dated July 17, and September 12, 1997, the LDEQ notified
Exxon of LDEQ's approval of the compliance date extensions for
installation of the sliding cover gaskets. In a letter dated December
20, 1997, the Governor of Louisiana submitted the LDEQ-approved site-
specific revision to the 15% Rate-of-Progress plan to the EPA for
approval.
II. Final Action
By this action, the EPA is approving a revision to the Louisiana
15% Rate-of-Progress SIP to allow for a site-specific extension of the
compliance date to LAC 33:III. 2103.D.4 for the installation of sliding
pole gasket covers for 33 tanks located at the Exxon Company U.S.A.,
Baton Rouge Refinery until the earlier of the next scheduled downtime
or December 2005.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed section of this Federal
Register publication, the EPA is publishing a separate document that
will serve as the proposal to approve the SIP revision should relevant
adverse comments be filed. This rule will be effective July 10, 1998
without further notice unless, by June 10, 1998, relevant adverse
comments are received.
If EPA receives such comments, then the EPA will publish a timely
withdrawal of the final rule in the Federal Register informing the
public that the rule did not take effect. All relevant public comments
received will be addressed in a subsequent final rule based on this
proposed rule. The EPA will not institute a second comment period on
the proposed rule. Any parties interested in commenting on the proposed
rule should do so at this time. If no such comments are received, the
public is advised that this rule will be effective July 10, 1998 and no
further action will be taken on the proposed rule.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
III. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604.
Alternatively, EPA may
[[Page 25775]]
certify that the rule will not have a significant impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and government entities
with jurisdiction over populations of less than 50,000.
The SIP approvals under section 110 and subchapter I, part D of the
Act do not create any new requirements but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the Act,
preparation of a flexibility analysis would constitute Federal inquiry
into the economic reasonableness of State action. The Act forbids the
EPA to base its actions concerning SIPs on such grounds. See Union
Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to private sector, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). The
EPA is not required to submit a rule report regarding today's action
under section 801 because this is a rule of particular applicability.
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 10, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the SIP for the State of
Louisiana was approved by the Director of the Federal Register on
July 1, 1982.
Dated: April 23, 1998.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation of part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart T--Louisiana
2. Section 52.970 is amended by adding paragraphs (c)(79) to read
as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
(79) Site-specific revision to the 15% Rate-of-Progress plan
submitted by the Governor in a letter dated December 20, 1997. The
revision provides for a schedule extension for installation of guide
pole sliding cover gaskets on 33 external floating roof tanks located
at the Baton Rouge refinery of Exxon Company U.S.A.
(i) Incorporation by reference.
Letters dated July 17, 1997, and September 12, 1997, from the LDEQ
to Exxon Company U.S.A. approving the compliance date extension; which
are included in the State Implementation Plan submittal entitled,
``Summary of 15% Rate-of-Progress State Implementation Plan Revision,''
dated December 20, 1997.
(ii) Additional material.
(A) Letter from the Governor of Louisiana dated December 20, 1997,
transmitting a copy of the State Implementation Plan revision.
(B) Letters dated November 13, 1996; May 14, 1997; and July 3,
1997; from Exxon Company U.S.A. to the LDEQ requesting the compliance
date extension and including a list of the subject tanks, the date of
the next maintenance downtime, and emissions estimates for the tanks;
which are included in the State Implementation Plan submittal entitled,
``Summary of 15% Rate-of-Progress State Implementation Plan Revision,''
dated December 20, 1997.
[FR Doc. 98-12433 Filed 5-8-98; 8:45 am]
BILLING CODE 6560-50-P
